Contents of appraisal of investment policies according to legal regulations

1. What content does the appraisal request for approval of investment policy include?

Pursuant to Clause 3, Article 33 of the Law on Investment 2020 (supplemented by Clause 3, Article 3 of the Law amending the Law on Public Investment, the Law on Investment by public-private partnership, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises, the Law on Special Consumption Tax and the Law on Civil Judgment Enforcement) regulates the content of investment policy appraisal including:

– Assessment of the investment project’s conformity with national planning, regional planning, provincial planning, urban planning and planning of special administrative – economic units (if any);

– Assessment of land use needs;

– Preliminary assessment of socio-economic efficiency of investment projects; preliminary assessment of environmental impacts (if any) according to the provisions of law on environmental protection;

– Assessment of investment incentives and conditions for receiving investment incentives (if any);

– Assessment of technology used in investment projects for projects subject to appraisal or consultation on technology according to the provisions of law on technology transfer technology;

– Assessment of the investment project’s suitability with urban development goals and orientations, housing development programs and plans; Preliminary investment phasing plan to ensure synchronization requirements; preliminary housing product structure and land fund reservation for social housing development; preliminary construction investment plan, urban infrastructure management inside and outside the project scope for investment projects to build housing and urban areas.

– Assessment of the suitability of the investment project with the requirements of protecting and promoting the value of cultural heritage and the conditions according to the provisions of the law on cultural heritage.

Thus, the assessment of the suitability of the investment project Investment with national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning is included in the appraisal of investment policies.

2. How is the appraisal of the conformity of an investment project with national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning?

Pursuant to Clause 7, Article 31 of Decree 31/2021/ND-CP, the appraisal of the conformity of the investment project to the plans is as prescribed in Point a, Clause 3, Article 33 Investment Law is implemented as follows:

– In case the national planning, regional planning, provincial planning has not been decided or approved according to the provisions of the Planning Law, the assessment of the conformity of the investment project with those plans is carried out on the basis of assessing the conformity of the investment project with the plans as prescribed in Point c, Clause 1, Article 59 of the Planning Law on the implementation of approved planning. integrated into national planning, regional planning, provincial planning and the Government’s Resolution promulgating the List of planning integrated into these planning;

– In case the planning integrated into national planning, regional planning, provincial planning according to the provisions of Point a of this Clause expires before the national planning, regional planning, provincial planning is decided or approved, the duration of that planning will be extended until the planning is completed. National planning, regional planning, provincial planning is decided or approved;

– For urban planning, the appraisal content must include an assessment of the compatibility of the investment project with the detailed planning (if any), zoning planning (if any); In case the detailed planning or zoning planning has not been approved by the competent authority, evaluate the investment project’s compatibility with the general planning.

3. Which agency receives dossiers requesting investment policy approval?

Pursuant to Clause 5, Article 31 of Decree 31/2021/ND-CP, agencies receiving dossiers requesting investment policy approval include:

– The Ministry of Planning and Investment receives dossiers requesting investment policy approval for investment projects under the policy approval authority. investment by the National Assembly and the Prime Minister;

– The Department of Planning and Investment receives dossiers requesting investment policy approval for investment projects under the investment policy approval authority of the Provincial People’s Committee outside of industrial parks, export processing zones, high-tech zones, and economic zones; Investment projects are implemented simultaneously both inside and outside industrial parks, export processing zones, high-tech parks and economic zones; Investment projects in industrial parks, export processing zones, high-tech zones, economic zones where the Management Board of industrial parks, export processing zones, high-tech zones, economic zones has not been established or is not under the management of the Management Board of industrial parks, export processing zones, high-tech zones, economic zones;

– The Management Board of industrial parks, export processing zones, high-tech zones, and economic zones receives applications for investment policy approval for investment projects under the investment policy approval authority of the Provincial People’s Committee implemented in industrial parks, export processing zones, high-tech zones, and economic zones.

Thus, in cases where national planning, regional planning, or provincial planning have not been decided or approved according to the provisions of the Planning Law, the assessment of the compatibility of the investment project with those plans is carried out on the basis of assessing the compatibility of the investment project with the plans integrated into the national planning, regional planning, and provincial planning until the national planning, regional planning, and provincial planning are decided or approved according to the provisions of the Law. except that technical and specialized planning specified in Appendix 2 of this Law will continue to be implemented in accordance with relevant laws; In case the content of that planning is not consistent with the higher planning that has been decided or approved according to the provisions of this Law, it must be adjusted to be consistent with the higher planning. In cases where plans integrated into national plans, regional plans, or provincial plans expire before the national plan, regional plan, or provincial plan are decided or approved, that plan’s term will be extended until the national plan, regional plan, or provincial plan is decided or approved according to the provisions of subsection 20, section I, Appendix issued with Official Dispatch 2541/CV-TCT dated January 18. April 2022.